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Tirtayasa Journal of International Law
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 29618355     EISSN : 29618061     DOI : http://dx.doi.org/10.51825/tjil.v2i1
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Tirtayasa Journal of International Law (TJIL) is a national peer-reviewed journal particularly in the field of International Law. TJIL aims to publish high quality articles from academics, legal scholars, or practitioners at any level. TJIL creates a forum to exchange new ideas in International Law but not limited to : Public International Law, International Criminal Law, International Environmental law, International Humanitarian law, Human Right, International Law of the Sea, International Dispute Settlement, International Organizations Law, International Private Law. We invite experts, academics, practitioners, NGO activists, master and doctoral students, also legal observers to send their articles.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 57 Documents
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The Indonesian Policy on the Export of Sea Sand on Economy and Coastal Communities Hidayat, Herdi; Taufik, Abun Muhamad
Tirtayasa Journal of International Law Vol 3, No 1 (2024): Tirtayasa Journal of International Law Vol. 3 No. 1 Edisi Juni 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v3i1.23611

Abstract

The reopening of sea sand export permits has raised concerns among the public after being banned for more than 20 (twenty) years. The government has issued Government Regulation (PP) Number 26 of 2023 concerning Management of Sedimentation Products in the Sea. In this case, the reason for adopting this sand export policy is because it is considered to be important in relation to economic income. So, with the notification that the export of sea sand will be allowed to resume, it continues to reap polemics. The policy of reopening sea sand export permits has caused different reactions from various groups or parties. Those who support it assume that sea sand exports can increase state income through Non-Tax State Revenue (PNBP). Apart from that, the sand from the dredging will be used for development and infrastructure. Those who oppose it believe that the sea sand export policy could have a negative impact on the environmental ecosystem, especially coastal areas and small islands. One of them is sea water abrasion which can have a serious impact on the lives of coastal communities. So, regarding this policy there should be a thorough review. The method used in this research is a normative approach method which is carried out by utilizing descriptive analysis research sources. Dredging sedimentation in the form of sea sand from a business perspective has its own benefits, if used properly, the sea sand export policy can add economic value to a region or country in the form of increasing the country's foreign exchange earnings while still paying attention to the welfare of coastal communities.
Urgency of Silky Shark Protection In Bangka Belitung Province Based on International And National Law Cahyaningtyas. S, Nur Asifah; Hutapea, Sintong Arion; Pamungkas, Wahyu Adi; Efriansyah, Muhammad Ezical
Tirtayasa Journal of International Law Vol 2, No 2 (2023): Tirtayasa Journal of International Law Vol. 2 No. 2 Edisi Desember 2023
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v2i2.21496

Abstract

The silky shark is a fish that specializes in the pelagic zone and shallow waters that is currently in near-threatened status. This is due to the overexploitation of shark fishing. Exploitation activities carried out by fishermen cause environmental damage and also the extinction of the shark species itself. Bangka Belitung islands is one of the places where shark fishing and trade often occur, which should not be caught and protected by law. this research uses a normative method that is oriented with secondary data and source materials. the results of this study show that silky shark fishing in the islands of bangka belitung often occurs in terms of secondary data through conceptual approaches and legislative arrangements. Therefore, this research will discuss the importance of establishing shark protection both from the perspective of national law and international law that has been applied.
ANALYSIS OF CHINA'S REJECTION OF THE PERMANENT COURT OF ARBITRATION RULING IN THE SOUTH CHINA SEA DISPUTE Eliezer, Theofillus; Hakim, Naufal Rafi; Amir, Danial; Budianto, Jeremy
Tirtayasa Journal of International Law Vol 3, No 2 (2024): Tirtayasa Journal of International Law Vol. 3 No. 3 Edisi December 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v3i2.28686

Abstract

The Philippines filed a case against China at the Permanent Court of Arbitration (PCA) in 2013. The case concerned territorial disputes in the South China Sea, particularly China’s territorial claims over nearly the entire region. The PCA issued a ruling in 2016 rejecting China’s claims, referencing Annex VII Article 11 of the 1982 UNCLOS, which states that PCA decisions are final and binding. However, China rejected the PCA ruling for several reasons. The purpose of this research is to examine the reasons behind China's rejection of the PCA ruling and the consequences of this rejection. The research employs a normative juridical method focusing primarily on legal materials, as it considers legal rules of a normative nature. The data used in this study is secondary data. China rejected the PCA ruling for several reasons: first, China considered the decision invalid because they never consented to the arbitration process initiated by the Philippines. Second, China argued that the PCA lacked jurisdiction to adjudicate the dispute. China's rejection of the PCA ruling highlights the weaknesses of international law and poses potential threats to sovereignty and security in the ASEAN region, including opening opportunities for illegal activities in the South China Sea.
INDONESIA'S REJECTION OF ISRAEL IN THE 2023 U-20 WORLD CUP: AN INTERNATIONAL LAW PERSPECTIVE Putra M, Hilton Tarnama; Fachriza, Afda; Susanti, Hera; RE, Pengleang
Tirtayasa Journal of International Law Vol 3, No 2 (2024): Tirtayasa Journal of International Law Vol. 3 No. 3 Edisi December 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v3i2.29655

Abstract

Sport is a significant aspect of international relations. In 2023, FIFA planned to hold the U-20 World Cup in Indonesia, but the event was canceled after Indonesia rejected Israel's participation. This research aims to analyze whether a country has the authority to exclude other nations from sports events under international law, and whether Indonesia's actions in rejecting Israel's participation align with international legal principles. The study uses a normative legal research method, focusing on relevant legal norms and frameworks. The findings indicate that, according to international law, a state’s sovereignty allows it to make decisions regarding participation in international events, as outlined in the general principles of law and the 1933 Montevideo Convention. These principles affirm a nation's right to control its territory, including its policies on human rights, in line with the Universal Declaration of Human Rights and FIFA's Statutes. Furthermore, the legal basis for Indonesia's rejection of Israel is supported by national laws, including the 1945 Constitution’s preamble and the Ministry of Foreign Affairs Regulation No. 3 of 2019, which sets guidelines for Indonesia’s foreign relations, particularly with Israel. The contribution of science in this research is an analysis of the legality of state actions in the context of rejecting the participation of other countries in international sports events, by considering the principle of state sovereignty and international legal obligations
FORGING A PATH FORWARD: SAFEGUARDING INDIGENOUS COMMUNITIES FROM THE IMPACT OF CLIMATE CHANGE Allyana, Olivia; Indriyani, Rachma
Tirtayasa Journal of International Law Vol 3, No 2 (2024): Tirtayasa Journal of International Law Vol. 3 No. 3 Edisi December 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v3i2.25388

Abstract

This article examines the effects of ‘climate change’ on indigenous communities and the safeguarding of their rights, with a focus on the “Daniel Billy et.al v. Australia” case ‘climate change’ poses severe threats to ‘indigenous peoples’' livelihoods and traditions, yet they also contribute significantly to mitigating its impacts. Utilizing normative legal research methods, including statutory and case law analysis, it evaluates the protection of indigenous rights by the UNHRC. The analysis highlights the significance of the “UNHRC”'s decision in “Daniel Billy et.al v. Australia”, which represents a milestone in international law regarding ‘climate change’ 's repercussions on human rights. While non-binding, the ruling grants access and establishes a crucial precedent for enforcing indigenous claims against states failing to safeguard their rights. It has influenced national legal frameworks and guided interpretations of indigenous rights. Considering subsequent practices in applying human rights treaties and utilizing “UNHRC” rulings as interpretive aids are essential. This analysis aims to deepen comprehension of the challenges and prospects in safeguarding the rights of climate-affected indigenous populations on the global stage. The scholarly contribution of research can be articulated through its novel engagement with the intersection of climate change, indigenous rights, and international human rights law, particularly through the lens of the Daniel Billy et al. v. Australia case before the UN Human Rights Committee (UNHRC)
CHALLENGES AND GOVERNMENT POLICY SOLUTIONS FOR IMPROVING MANGOSTEEN EXPORT IN INDONESIA Ahjan, Muhamad; Rizki, Muhamad; Fasyehhudin, Mohammad; Sa’diah, Halimatun
Tirtayasa Journal of International Law Vol 3, No 2 (2024): Tirtayasa Journal of International Law Vol. 3 No. 3 Edisi December 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v3i2.23328

Abstract

The mangosteen fruit has the potential to become a leading export commodity from Indonesia when viewed from the development of export volume, thus requiring proper handling. The decline in Indonesia's export performance in recent years has raised concerns for the government and the business world. The lack of synchronization in regulations (between central and regional authorities and across sectors), transportation security, and non-IT-based documentation processes have created high costs in the shipment process. The author employs a qualitative research method based on philosophy, used to investigate scientific conditions (experiments) where the researcher serves as the instrument. Data collection techniques and qualitative analysis focus more on meaning. There are several obstacles faced by Indonesia that need improvement for the successful implementation of mangosteen export, namely Machine/Technology Factors, Price Factors, Marketing Factors, Process Factors, Productivity and Quality Factors, and Skills Factors. One of the solutions implemented by the government is the Indonesian government's policy to enhance productivity and production efficiency, quality, and the appearance of products that meet standards and are attractive to consumers, as well as ensuring production/supply continuity.
DEEP SEABED MINING AND PRECAUTIONARY PAUSE: POSSIBILITY AND LEGAL CHALLENGES Ariningtyas, Agnes
Tirtayasa Journal of International Law Vol 3, No 2 (2024): Tirtayasa Journal of International Law Vol. 3 No. 3 Edisi December 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v3i2.25375

Abstract

Critical minerals that are greatly needed for green technology could be found in potentially promising quantities on the seafloor. Nevertheless, there are long-term environmental effects associated with recovering such nature of a resources. This research argues based on international law of the sea which applies normative-legal research method using statutory and conceptual approaches. The main findings of this research reveal that the proponents argue that extracting minerals from the deep sea could be beneficial for the humankind, particularly its reliance on electric vehicles, batteries, and zero-carbon technologies. However, many nations are pushing for a ban or delay on seabed mining due to a lack of international law and knowledge of the full environmental effects. For example, direct harm to marine life, long-term species and ecosystem disruption, economic and social risks, and potential climate impacts that would most likely be permanent It is unclear if the International Seabed Authority (ISA) will approve such a ban, but some scientists believe mining will start soon. Therefore, to continue the exploration of deep seabed mining (DSM), regulations should be drafted in full and transparent including the precautionary approach needs to be implemented to minimize the potential destructive impacts due to the DSM activities.
THE URGENCY AND STRATEGY OF IC-CEPA INTERNATIONAL COOPERATION ON THE ECONOMIC DEVELOPMENT OF INDONESIA Rosita, Ita; Rachmah, Octazia Zauzah; Jaelani, Achmad; Mohas, Muhyi; Tajudin, Amalina Ahmad
Tirtayasa Journal of International Law Vol 3, No 2 (2024): Tirtayasa Journal of International Law Vol. 3 No. 3 Edisi December 2024
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v3i2.23537

Abstract

International cooperation is one of the solutions to several economic problems of a country. Indonesia-Chile's internationalcooperation has yielded many results, one of which is a surplus of 85% in 2020. From the many positive things that have an impact on this cooperation, it is an urgency to be able to develop the Indonesian economy in various sectors, not only in the manufacturing, services and agriculture sectors but also more spread for a more comprehensive Indonesian economy and trade. Internationalcooperation between Indonesia and Chile must also be based on a sustainable economy, which means that the strategy that must be built includes not only social and economic aspects but also the environment. The research method used is a normative method where research is based on credible books and journals. Based on the data of Chile's total imports from Indonesia (in thousands of USD) 183,458 with a growth of -7% from 2011 to 2015 and only 0.3% of Chile's total imports. So with the existence of severalregulations, finally the international cooperation of Indonesia Chile Comprehensive Economic Partnership Agreement (CEPA) will realize international cooperation agreements in many sectors with many other countries
CONSUMER DISPUTE RESOLUTION IN CROSS-BORDER ONLINE TRANSACTIONS THROUGH ALTERNATIVE DISPUTE RESOLUTION FROM THE PERSPECTIVE OF INTERNATIONAL LAW Berlian, Cheny; Santoso, Mulia Akbar; Yuniarti, Rahmi; Hadi, M. Fikry
Tirtayasa Journal of International Law Vol 4, No 1 (2025): Vol 4, No 1 (2025): Tirtayasa Journal of International Law Vol. 4 No. 1 Edisi Ju
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v4i1.31185

Abstract

The development of e-commerce has facilitated cross-border transactions but has also raised legal challenges in consumer dispute resolution. Differences in jurisdiction, limited accessibility, and the lack of international legal harmonization often make it difficult for consumers to seek justice. Alternative Dispute Resolution (ADR) has emerged as a practical solution that is faster and more cost-efficient compared to traditional litigation. This research aims to analyze the application of ADR in cross-border online transaction disputes and identify its challenges and opportunities from an international law perspective. Using a normative legal approach, this study examines international legal instruments such as the 1958 New York Convention and the UNCITRAL Model Law, as well as related domestic regulations. The results indicate that while ADR offers advantages in efficiency and accessibility, its implementation still faces barriers, including the lack of regulatory harmonization between countries, low consumer awareness, and limitations in Online Dispute Resolution (ODR) technology. To overcome these challenges, strengthening the international legal framework, educating consumers, and developing more inclusive ODR technology are necessary.
CRITICAL ANALYSIS ON INTERNATIONAL LAW’S FRAMEWORK TO PIRACY Sabatira, Febryani; Knudsen, Gustav Damgaard; Jaya, Belardo Prasetya Mega; Lutfi, Muhamad Uut; Jaelani, Achmad
Tirtayasa Journal of International Law Vol 4, No 1 (2025): Vol 4, No 1 (2025): Tirtayasa Journal of International Law Vol. 4 No. 1 Edisi Ju
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/tjil.v4i1.31049

Abstract

Piracy remains a formidable challenge to maritime security and global trade, thriving on jurisdictional ambiguities and exposing vulnerabilities in international governance. Despite its recognition under the United Nations Convention on the Law of the Sea (LOSC) as a crime of hostis humani generis subject to universal jurisdiction, significant gaps persist in its enforcement. The LOSC’s limitations, such as its strict criteria for defining piracy, often hinder effective prosecution. Supplementing this framework, the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA) Convention addresses critical shortcomings, including the jurisdictional constraints of the LOSC, by enabling broader prosecutorial scope and facilitating extradition agreements. However, its limited ratification by key maritime states undermines its potential impact. This study undertakes a critical analysis of these legal frameworks, highlighting their respective contributions and deficiencies in combating piracy. The analysis further emphasizes the urgent need for cohesive international collaboration, harmonized enforcement protocols, and the adoption of innovative legal mechanisms to counter the evolving nature of maritime piracy

Page 5 of 6 | Total Record : 57

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